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News Wire / politics

South African Human Rights Commission Faces Budget Shortfall

SAfm Johannesburg 16d16d Impact 5

The South African Constitutional Court ruled that the South African Human Rights Commission (SHRC) maintains constitutional importance despite lacking legally binding enforcement powers. The Commission said the need for careful reading of the judgment to avoid ultra vires actions. No specific timeline for legislative changes was provided. Spokespeople said the commission's ongoing role in protecting the rights of vulnerable and poor populations. The court affirmed the commission's function as a watchdog to ensure South Africans can access avenues for addressing human rights violations. The Constitutional Court has issued a judgment said the investigative role of the Commission for Gender Equality. The organization said that the move is intended to fulfill its mandate to protect human rights.

The South African Constitutional Court ruled that the South African Human Rights Commission (SHRC) maintains constitutional importance despite lacking legally binding enforcement powers. The Commission said the need for careful reading of the judgment to avoid ultra vires actions. No specific timeline for legislative changes was provided. Spokespeople said the commission's ongoing role in protecting the rights of vulnerable and poor populations. The court affirmed the commission's function as a watchdog to ensure South Africans can access avenues for addressing human rights violations. The Constitutional Court has issued a judgment said the investigative role of the Commission for Gender Equality. The organization said that the move is intended to fulfill its mandate to protect human rights. It noted that while many past recommendations were implemented, resistance remains among certain groups. The chairperson has stressed that the process for seeking legal remedies should not become an excessively lengthy or blocked procedure. Legal proceedings through the commission can take several years to conclude, making resource stability critical for claimants. Commissioner Hank Boschoff noted that litigation processes can be daunting and take several years to resolve. The funding issue threatens the long-term capacity of the body to handle legal studies and human rights cases.

Topics

human rights legal ruling constitutional law

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Sources · 7 independent

SAfm

“The constitutional court has told the South African Human Rights Commission that its absence of legally binding powers does not diminish its constitutional importance.”

SAfm

“in cases where the Respondents refuses to comply with our recommendation, we will have to go to court to enforce our decisions.”

SAfm

“have to go to court to enforce our decisions. Now, that is... portfolio committee on justice and constitutional development, Ola Ancola and Dr Henk Borschoff from the South African Human Rights Commission.”

SAfm

“Well, we did... portfolio committee on justice and constitutional development, Ola Ancola and Dr Henk Borschoff from the South African Human Rights Commission.”

SAfm

“We decided to appeal that specific court judgment and also to motivate that our recommendations or to suggest to the court that our recommendations were binding. We were unfortunately unsuccessful in the Supreme Court of Appeal.”

SAfm

“rule that our recommendations were binding was to bring the immediate redress to those communities. As you know, litigation process is costly.”

SAfm

“immediate redress for communities that don't have access to basic municipal service.”

SAfm

“rule that our recommendations were binding was to bring the immediate redress to those communities. As you know, litigation process is costly. It takes a very long time to be finalised”

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